Opinion

Baton Rouge Sheet Metal Workers' Local Union 21 Pension Fund v. Doe

Court
District Court, M.D. Louisiana
Filed
May 25, 2022
Cited by
0 cases
Authority
More cited than 22.5%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

BATON ROUGE SHEET METAL CIVIL ACTION

WORKERS’ LOCAL UNION #21

PENSION FUND

VERSUS

ANN E, PAUL NO: 21-00152-BAJ-EWD

RULING AND ORDER

Before the Court is the Motion for Default Judgment (Doe. 21) filed by the

Baton Rouge Sheet Metal Workers’ Local Union #21 Pension Fund, The Motion is

unopposed. For the reasons stated herein, Plaintiffs Motion is GRANTED IN PART.

I. BACKGROUND

a. Alleged Facts

In its Complaint, Plaintiff asserts that Defendant Ann E. Paul received 148

monthly payments from Plaintiff to which she was not entitled. Plaintiff is a multi-

employer employee benefit plan operated under the provisions of the Employee

Retirement Income Security Act.

Plaintiff paid retirement benefits to Warren L. Gautreau, a former member of

the Baton Rouge Sheet Metal Workers’ Local Union #21, in the amount of $813.58.

(Doc. 21, p. 2). Mr. Gautreua died in September 1998: thereafter, survivor’s

retirement benefits were paid by Plaintiff to Annabelle Elizabeth Gautreau, his

widow and surviving spouse, in the amount of $406.791. id. These payments were

made to a J.P. Morgan Chase Bank, N.A. account ending in 36765. Id. at p. 3

In February 2020, Plaintiff sent a letter to Mrs. Gautreau. However, the letter

was stamped “Return to Sender — Attempted — Not Known — Unable to Forward.” Jd.

at p. 3. After some research Plaintiff discovered that Mrs. Gautreua died in April

2008. Id. Thereafter, Plaintiff issued a subpoena to J.P. Morgan Chase to determine

the name of the account holder for the account ending in 386765. Id. J.P. Morgan

Chase informed Plaintiff that Defendant Ann E. Paul was the account holder. Id. at

p. 4

b. Procedural History

On June 21, 2021, Plaintiff filed a First Amended Complaint asserting the

same claims against Defendant Ann E. Paul. (Doc. 9). Defendant was served with the

amended complaint on June 380, 2021. (Doc. 13). Defendant failed to answer the

amended complaint. On October 20, 2021, Plaintiff filed its First Motion for Clerks

Iintry of Default as to Defendant. (Doc. 19). The Clerk of Court granted the motion.

(Doc. 20). On November 8, 2021, Plaintiff subsequently filed its First Motion for

Default Judgment as to Defendant. (Dec. 21).

STANDARD OF REVIEW

The United States Court of Appeals for the Fifth Circuit has adopted a three-step

process to obtain a default judgment. See New York Life Ins. Co. v. Brown, 84 F.3d

‘Under the Baton Rouge Sheet Metal Workers’ Pension Plan the surviving spouse of a

retiree was entitled to receive 50% of monthly retirement benefits paid to the retiree until

the spouse’s death. (Doc. 21, p. 5)

137, 141 (5th Cir. 1996). First, a default occurs when a party “has failed to plead or

otherwise defend” against an action. Fed. R. Civ. P. 55(a). Next, an entry of default

must be entered by the clerk when the default is shown “by affidavit or otherwise.”

See Id.; New York Life Ins. Co., 84 F.3d at 141. Third, a party may apply to the court.

for a default judgment after an entry of default. Fed. R. Civ. P. 55(b); New York Life

ins. Co., 84 F.3d at 141.

After a motion for a default judgment is filed, the court must apply a two-part

process to determine whether a default judgment should be entered. First, a court

must consider whether the entry of default judgment is appropriate under the

circumstances. Lindsey v. Prive Corp., 161 F.8d 886, 898 (5th Cir. 1998). Several

factors are relevant to this inquiry, including the following: (1) whether there are

material issues of fact; (2) whether there has been substantial prejudice; (8) whether

the grounds for default have been clearly established; (4) whether the default was

caused by excusable neglect or good faith mistake; (5) the harshness of the default

judgment; and (6) whether the court would think itself obliged to set aside the default

ona motion by Defendant. Id. Default judgments are disfavored due to a strong policy

in favor of decisions on the merits and against resolution of cases through default

judgments. Id. Generally, default judgments are “available only when the adversary

process has been halted because of an essentially unresponsive party.” Sun Bank of

Ocala v. Pelican Homestead & Sav. Ass'n, 874 F.2d 274, 276 (5th Cir. 1989) (citation

omitted).

Second, the Court must assess the merits of Plaintiff's claims and determine

whether Plaintiff has a claim for relief. Hamdan v. Tiger Bros. Food Mart, Inc., No.

CV 15-00412, 2016 WL 1192679, at *2 (M.D. La. Mar. 22, 2016).

Ill. DISCUSSION

“Default judgments are a drastic remedy, not favored by the Federal Rules and

resorted to by courts only in extreme situations.” Reyes, 2020 WL 504659, at *2 (citing

Lindsey, 161 F.3d at 893). Here, however, Plaintiffs Amended Complaint remains

unanswered, the Clerk of Court has entered default, and Plaintiff has filed a motion

for default judgment. Thus, the procedural requirements for default judgment have

been satisfied, New York Life, 84 F.3d at 141, and the Court may turn to the merits

of the Plaintiffs request. All Lindsey factors plainly favor entry of default judgment

in Plaintiffs favor.

a. Whether Default Judgment is Appropriate

The Court must determine whether default judgment is appropriate under the

circumstances by considering the Lindsey factors. Lindsey, 161 F.3d at 893. Here,

Defendant failed to file an answer to Plaintiffs Amended Complaint. (Doc. 9). Thus,

there are no material issues of fact. See Id. No evidence before the Court indicates

either substantial prejudice or that Defendant’s failure to respond or appear was the

result of “good faith mistake or excusable neglect.” See Id. Defendant’s failure to file

any responsive pleadings or otherwise defend the instant lawsuit mitigates the

harshness of a default judgment. See fd. Finally, the record contains no facts giving

rise to good cause to set aside the default judgment if challenged by Defendant. See

Lindsey, 161 F.8d at 893. Thus, the Court finds that the Lindsey factors weigh in

favor of entry of default judgment in favor of Plaintiff.

b. Whether Plaintiff's Complaint Establishes a Viable Claim for

Relief

The Court must also assess the merits of Plaintiff's claims to determine whether

Plaintiffs Amended Complaint establishes a viable claim for relief. Hamdan v. Tiger

Bros. Food Mart, Inc., No. CV 15-00412, 2016 WL 1192679, ay *2 (M.D. La. Mar. 22,

2016).

Plaintiff brings claims under the “Baton Rouge Sheet Metal Workers’ Pension

Plan” (Doc. 21) and 29 U.S.C. § 1132(a)(8).2 Section 9.01 provides that “monthly

benefits shall continue to the Spouse of the Retiree, provided the Spouse survived the

Retiree, and shall continue to be paid monthly during the lifetime of the Spouse,

terminating with the payment preceding the Spouse’s Death.” (Doc. 21, p. 5).

Plaintiff paid benefits to Warren L. Gautreau until his death in September 1993.

(Doc. 99 6). Thereafter, Plaintiff paid benefits to Annabelle Elizabeth Gautreau to a

bank account a J.P. Morgan Chase Bank, N.A. ending in 36765. (Doc. 9 {| 8).

Annabelle Gautreau died in April 2008; however, as noted payments to the bank

account continued until March 2020. (Doc. 9 { 13). Defendant became the owner of

the account ending in 36765 and converted to her own use $58,577.76. Defendant

never informed Plaintiff of Annabelle Gautreau’s death and she obtained money to

which she was not entitled under the Plan. Thus, the uncontroverted facts show that

2 Under 29 U.S.C. § 1132(a)(3), a civil action may be brought by a participant, beneficiary, or

fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or

the terms of the plan, or (B) to obtain other appropriate equitable relief (j) to redress such

violations or (11) to enforce any provisions of this subchapter or the terms of the plan.

Plaintiff has established a reliable claim for relief.

c. Damages

A defaulting defendant “concedes the truth of the allegations of the Complaint

concerning defendant's liability, but not damages.” Ins. Co. of the Wu. H&G

Contractors, Inc., 2011 WL 4738197, *4 (S.D. Tex., Oct. 5, 2011). A court's award of

damages in a default judgment must be determined after a hearing, unless the

amount claimed can be demonstrated “by detailed affidavits establishing the

necessary facts.” United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979).

If a court can mathematically calculate the amount of damages based on the

pleadings and supporting documents, a hearing is unnecessary. Joe Hand

Promotions, Inc. v. Ama, No. 3:183-CV—0889-B, 2014 WL 1632158, at *3 (N.D. Tex.

Apr. 22, 2014) (citing James v. Frame, 6 F.3d 807, 310 (5th Cir. 1993)).

Here, Plaintiff asserts damages of $58,577.76. The Plan provides that the

surviving spouse of the Retiree will be paid 50% of the monthly benefits the Retiree

was entitled to until the spouse’s death. (Doc. 21, p. 5). Warren Gautreau was entitled

to $813.58 monthly, thus upon his death Annabelle Gautreau was entitled to $406.79

monthly. (Doc. 21, p. 8). Annabelle Gautreau died in April 2008. Yet, because

Plaintiff was not notified of her death, the surviving spouse benefit payments

continued to be paid through March 2020. Thus, 143 payments were made after

Annabelle Gautreau’s death, totaling $58,577.76 in payments.

d. Pre-judgment Interest

Plaintiff also seeks prejudgment interest in the amount of $35,509.00 in lost

investment income based on calculation of the “actual, annual rate of return the Fund

received on its investments during the years in question.” (Doc. 21, p. 5). “An award

of prejudgment interest is permissible (1) if the federal statute creating the cause of

action does not preclude such interest, and (2) if an award of prejudgment interest

would further the policies underlying the statute. See, Carpenters Dist. Council v.

Dillard Dep't Stores, Inc., 15 F.8d 1275, 1288 (5th Cir.1994); Transitional Learning

Community v. Metropolitan Life Ins. Co., 913 F.Supp. 504, 508 (S.D.Tex.1996).

When these two criteria are met, the court has discretion to award prejudgment

interest. See Carpenters, 15 F.3d at 1288 (citing Calderon v. Presidio Valley Farmers

Ass'n, 863 F.2d 384, 392 (5th Cir.1989)).” “The award of prejudgment interest ‘is

based on the equitable grounds that an injured party should be made whole.”

Executone Info. Sys., Inc. v. Davis, 26 F.3d 1314, 1880 (5th Cir.1994).

In the context of ERISA, awards of prejudgment interest are justified as

furthering the congressional policies embodied in the act. Tesch v. Prudential Ins. Co.

of Am., 829 F. Supp. 2d 488, 502 (W.D. La. 2011). Plaintiff was denied the opportunity

to invest the funds in question to inure to the benefit of other beneficiaries of the

fund. The Court will thus exercise its discretion in Plaintiff's favor and award interest

on the benefits that were fraudulently received by Defendant.

IV. CONCLUSION

Accordingly,

IT IS ORDERED that Plaintiffs Motion for Default Judgment (Doc. 21) is

GRANTED IN PART.

IT IS FURTHER ORDERED that Defendant Ann E. Paul is liable to Plaintiff

for a total amount of $58,577.76, together with pre-judgment interest thereon in

an amount of $35,509.00 (calculated on the basis of the actual, annual rates of

return the Fund received on its investments during the years in question,

sustained by the Fund as a result of the wrongful taking of the payments at issue

herein).

IT IS FURTHER ORDERED that to the extent that Plaintiff requests

attorney's fees and costs, the request is DENIED WITHOUT PREJUDICE.

Plaintiff may file a separate motion seeking attorney's fees and associated costs

in conformity with the requirements of Federal Rule of Civil Procedure 54(d).

Baton Rouge, Louisiana, this oat of May, 2022

(Ka

oboe

UNITED STATES D ICT COURT

MIDDLE DISTRICT OF LOUISIANA

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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